359.10 Notice of disqualification.
(a) The social services district will provide a written notice of
disqualification to an individual who:
(1) has been found, after an administrative
disqualification hearing, to have committed an intentional program violation;
(2) has waived his or her right to appear at an
administrative disqualification hearing in accordance with section 359.8 of this Part;
(3) has signed a disqualification consent
agreement in which he or she admits committing an intentional program violation in
accordance with section 359.4 of this Part; or
(4) has been determined by a court to have
engaged in conduct that would constitute an intentional program violation in accordance
with subdivision (d) of section 359.9 of this Part.
(b) A notice of disqualification must:
(1) inform the individual as to when any
disqualification period will take effect and the date upon which it will end and the
length of the disqualification period;
(2) inform the individual and any members of
the household or assistance unit of the amount of payment or allotment, if any, that the
unit will receive during the period of disqualification;
(3) in the case of an individual who is not
currently in receipt of public assistance, inform the individual that the disqualification
period will be postponed until after a new application public assistance is approved;
(4) in the case of an individual who has been
found after an administrative disqualification hearing to have committed an intentional
program violation, inform such individual of the decision and the reason for the decision;
and
(5) inform the individual to be disqualified
and any members of the household or assistance unit of the right to request a fair hearing
to contest:
(i) the amount of the
overpayment or over-issuance, if such amount has not been established by an administrative
disqualification hearing or court determination or set forth in a DCA or waiver of an
administrative disqualification hearing;
(ii) the amount of the
public assistance or food stamp allotment to be provided to the remaining members of the
household or assistance unit during the disqualification period; and
(iii) the social
services district's failure to restore the disqualified individual to the household or
assistance unit at the end of the disqualification period indicated in the written notice
even though the individual has requested such restoration.